Legal Opinion
Hammerstein v. Henry Mountain Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 2004PublishedCited by 3 opinions
1Opinion of the Court
Kane, J.(1) Appeal from an order of the Supreme Court (Coccoma, J.), entered September 30, 2003 in Delaware County, in favor of plaintiff, and (2) motion to dismiss appeal.
In 1998, plaintiff sold defendant a parcel of property consisting of a house, a barn and approximately 626 acres of land. In consideration, defendant paid a $150,000 down payment and executed a $600,000 purchase-money mortgage. Under the terms of the mortgage, defendant agreed to pay interest only at the rate of $4,000, or 8% monthly until the principal was due to be paid in full. The mortgage contained an acceleration…
2Cases cited16 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Gizzi v. HallAppellate Division of the Supreme Court of the State of New York · 2003
- Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Basile v. Erhal Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1989
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3Cited by3 opinions
- Maki v. Bassett HealthcareAppellate Division of the Supreme Court of the State of New York · 2011
- Dimery v. Ulster Savings BankAppellate Division of the Supreme Court of the State of New York · 2004
- Hammerstein v. Henry Mountain Corp.Appellate Division of the Supreme Court of the State of New York · 2009